N. VENKATACHALA, J.

( 1 ) IN a suit of respondent-1 here, a partnership firm, instituted in the Court of Civil Judge at Bellary (for short 'the court') against respondent-2 here, for recovery of certain money, an attachment before judgment of certain immovable property had been made on 6-6-1974. That suit having been decreed subsequently, the immovable property, which had been attached therein, was ordered to be sold on 21-1-1980 by the Court, in executing that decree. Thereafter, petitioners here preferred a claim in the court respecting the said immovable property That claim was upheld by the court's order dated 19-4-1983. That order having gone against respondent-1, another suit, O. S. No. 127 of 1983, was instituted by it in the Court purporting to be under Rule 63 of Order 21 of the code of Civil Procedure, 1908 (for short 'the Code'), as that rule stood before its repeal by the Code of Civil Procedure (Amendment) Act, 1976 (for short 'the amendment Act' ). A preliminary issue raised in the latter suit respecting its maintainability was considered by the court at the instance of the petitioners, but was held against them by its order dated 12-9-1984. The validity of that order

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